Bill Text: IL HB1765 | 2025-2026 | 104th General Assembly | Introduced
Bill Title: Amends the Election Code. Removes a provision that provides that the State Board of Elections shall adjust the amounts of the contribution limits for inflation.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-01-28 - Referred to Rules Committee [HB1765 Detail]
Download: Illinois-2025-HB1765-Introduced.html
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1 | AN ACT concerning elections.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Election Code is amended by changing | |||||||||||||||||||
5 | Section 9-8.5 as follows:
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6 | (10 ILCS 5/9-8.5) | |||||||||||||||||||
7 | Sec. 9-8.5. Limitations on campaign contributions. | |||||||||||||||||||
8 | (a) It is unlawful for a political committee to accept | |||||||||||||||||||
9 | contributions except as provided in this Section. | |||||||||||||||||||
10 | (b) During an election cycle, a candidate political | |||||||||||||||||||
11 | committee may not accept contributions with an aggregate value | |||||||||||||||||||
12 | over the following: (i) $5,000 from any individual, (ii) | |||||||||||||||||||
13 | $10,000 from any corporation, labor organization, or | |||||||||||||||||||
14 | association, or (iii) $50,000 from a candidate political | |||||||||||||||||||
15 | committee or political action committee. A candidate political | |||||||||||||||||||
16 | committee may accept contributions in any amount from a | |||||||||||||||||||
17 | political party committee. A candidate political committee | |||||||||||||||||||
18 | established to elect a candidate to the General Assembly may | |||||||||||||||||||
19 | accept contributions from only one legislative caucus | |||||||||||||||||||
20 | committee. A candidate political committee may not accept | |||||||||||||||||||
21 | contributions from a ballot initiative committee or from an | |||||||||||||||||||
22 | independent expenditure committee. | |||||||||||||||||||
23 | (b-5) Judicial elections. |
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1 | (1) In addition to any other provision of this | ||||||
2 | Section, a candidate political committee established to | ||||||
3 | support or oppose a candidate seeking nomination to the | ||||||
4 | Supreme Court, Appellate Court, or Circuit Court may not: | ||||||
5 | (A) accept contributions from any entity that does | ||||||
6 | not disclose the identity of those who make | ||||||
7 | contributions to the entity, except for contributions | ||||||
8 | that are not required to be itemized by this Code; or | ||||||
9 | (B) accept contributions from any out-of-state | ||||||
10 | person, as defined in this Article. | ||||||
11 | (1.1) In addition to any other provision of this | ||||||
12 | Section, a political committee that is self-funding, as | ||||||
13 | described in subsection (h) of this Section, and is | ||||||
14 | established to support or oppose a candidate seeking | ||||||
15 | nomination, election, or retention to the Supreme Court, | ||||||
16 | the Appellate Court, or the Circuit Court may not accept | ||||||
17 | contributions from any single person, other than the | ||||||
18 | judicial candidate or the candidate's immediate family, in | ||||||
19 | a cumulative amount that exceeds $500,000 in any election | ||||||
20 | cycle. Any contribution in excess of the limits in this | ||||||
21 | paragraph (1.1) shall escheat to the State of Illinois. | ||||||
22 | Any political committee that receives such a contribution | ||||||
23 | shall immediately forward the amount that exceeds $500,000 | ||||||
24 | to the State Treasurer who shall deposit the funds into | ||||||
25 | the State Treasury. | ||||||
26 | (1.2) In addition to any other provision of this |
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1 | Section, an independent expenditure committee established | ||||||
2 | to support or oppose a candidate seeking nomination, | ||||||
3 | election, or retention to the Supreme Court, the Appellate | ||||||
4 | Court, or the Circuit Court may not accept contributions | ||||||
5 | from any single person in a cumulative amount that exceeds | ||||||
6 | $500,000 in any election cycle. Any contribution in excess | ||||||
7 | of the limits in this paragraph (1.2) shall escheat to the | ||||||
8 | State of Illinois. Any independent expenditure committee | ||||||
9 | that receives such a contribution shall immediately | ||||||
10 | forward the amount that exceeds $500,000 to the State | ||||||
11 | Treasurer who shall deposit the funds into the State | ||||||
12 | Treasury. | ||||||
13 | (1.3) In addition to any other provision of this | ||||||
14 | Section, if a political committee established to support | ||||||
15 | or oppose a candidate seeking nomination, election, or | ||||||
16 | retention to the Supreme Court, the Appellate Court, or | ||||||
17 | the Circuit Court receives a contribution in excess of | ||||||
18 | $500 from: (i) any committee that is not required to | ||||||
19 | disclose its contributors under this Act; (ii) any | ||||||
20 | association that is not required to disclose its | ||||||
21 | contributors under this Act; or (iii) any other | ||||||
22 | organization or group of persons that is not required to | ||||||
23 | disclose its contributors under this Act, then that | ||||||
24 | contribution shall be considered an anonymous contribution | ||||||
25 | that shall escheat to the State, unless the political | ||||||
26 | committee reports to the State Board of Elections all |
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1 | persons who have contributed in excess of $500 during the | ||||||
2 | same election cycle to the committee, association, | ||||||
3 | organization, or group making the contribution. Any | ||||||
4 | political committee that receives such a contribution and | ||||||
5 | fails to report this information shall forward the | ||||||
6 | contribution amount immediately to the State Treasurer who | ||||||
7 | shall deposit the funds into the State Treasury. | ||||||
8 | (2) As used in this subsection, "contribution" has the | ||||||
9 | meaning provided in Section 9-1.4 and also includes the | ||||||
10 | following that are subject to the limits of this Section: | ||||||
11 | (A) expenditures made by any person in concert or | ||||||
12 | cooperation with, or at the request or suggestion of, | ||||||
13 | a candidate, his or her designated committee, or their | ||||||
14 | agents; and | ||||||
15 | (B) the financing by any person of the | ||||||
16 | dissemination, distribution, or republication, in | ||||||
17 | whole or in part, of any broadcast or any written, | ||||||
18 | graphic, or other form of campaign materials prepared | ||||||
19 | by the candidate, his or her campaign committee, or | ||||||
20 | their designated agents. | ||||||
21 | (3) As to contributions to a candidate political | ||||||
22 | committee established to support a candidate seeking | ||||||
23 | nomination to the Supreme Court, Appellate Court, or | ||||||
24 | Circuit Court: | ||||||
25 | (A) No person shall make a contribution in the | ||||||
26 | name of another person or knowingly permit his or her |
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1 | name to be used to effect such a contribution. | ||||||
2 | (B) No person shall knowingly accept a | ||||||
3 | contribution made by one person in the name of another | ||||||
4 | person. | ||||||
5 | (C) No person shall knowingly accept reimbursement | ||||||
6 | from another person for a contribution made in his or | ||||||
7 | her own name. | ||||||
8 | (D) No person shall make an anonymous | ||||||
9 | contribution. | ||||||
10 | (E) No person shall knowingly accept any anonymous | ||||||
11 | contribution. | ||||||
12 | (F) No person shall predicate (1) any benefit, | ||||||
13 | including, but not limited to, employment decisions, | ||||||
14 | including hiring, promotions, bonus compensation, and | ||||||
15 | transfers, or (2) any other gift, transfer, or | ||||||
16 | emolument upon: | ||||||
17 | (i) the decision by the recipient of that | ||||||
18 | benefit to donate or not to donate to a candidate; | ||||||
19 | or | ||||||
20 | (ii) the amount of any such donation. | ||||||
21 | (4) No judicial candidate or political committee | ||||||
22 | established to support a candidate seeking nomination to | ||||||
23 | the Supreme Court, Appellate Court, or Circuit Court shall | ||||||
24 | knowingly accept any contribution or make any expenditure | ||||||
25 | in violation of the provisions of this Section. No officer | ||||||
26 | or employee of a political committee established to |
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1 | support a candidate seeking nomination to the Supreme | ||||||
2 | Court, Appellate Court, or Circuit Court shall knowingly | ||||||
3 | accept a contribution made for the benefit or use of a | ||||||
4 | candidate or knowingly make any expenditure in support of | ||||||
5 | or opposition to a candidate or for electioneering | ||||||
6 | communications in relation to a candidate in violation of | ||||||
7 | any limitation designated for contributions and | ||||||
8 | expenditures under this Section. | ||||||
9 | (5) Where the provisions of this subsection (b-5) | ||||||
10 | conflict with any other provision of this Code, this | ||||||
11 | subsection (b-5) shall control. | ||||||
12 | (c) During an election cycle, a political party committee | ||||||
13 | may not accept contributions with an aggregate value over the | ||||||
14 | following: (i) $10,000 from any individual, (ii) $20,000 from | ||||||
15 | any corporation, labor organization, or association, or (iii) | ||||||
16 | $50,000 from a political action committee. A political party | ||||||
17 | committee may accept contributions in any amount from another | ||||||
18 | political party committee or a candidate political committee, | ||||||
19 | except as provided in subsection (c-5). Nothing in this | ||||||
20 | Section shall limit the amounts that may be transferred | ||||||
21 | between a political party committee established under | ||||||
22 | subsection (a) of Section 7-8 of this Code and an affiliated | ||||||
23 | federal political committee established under the Federal | ||||||
24 | Election Code by the same political party. A political party | ||||||
25 | committee may not accept contributions from a ballot | ||||||
26 | initiative committee or from an independent expenditure |
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1 | committee. A political party committee established by a | ||||||
2 | legislative caucus may not accept contributions from another | ||||||
3 | political party committee established by a legislative caucus. | ||||||
4 | (c-5) (Blank). | ||||||
5 | (c-10) (Blank). | ||||||
6 | (d) During an election cycle, a political action committee | ||||||
7 | may not accept contributions with an aggregate value over the | ||||||
8 | following: (i) $10,000 from any individual, (ii) $20,000 from | ||||||
9 | any corporation, labor organization, political party | ||||||
10 | committee, or association, or (iii) $50,000 from a political | ||||||
11 | action committee or candidate political committee. A political | ||||||
12 | action committee may not accept contributions from a ballot | ||||||
13 | initiative committee or from an independent expenditure | ||||||
14 | committee. | ||||||
15 | (e) A ballot initiative committee may accept contributions | ||||||
16 | in any amount from any source, provided that the committee | ||||||
17 | files the document required by Section 9-3 of this Article and | ||||||
18 | files the disclosure reports required by the provisions of | ||||||
19 | this Article. | ||||||
20 | (e-5) An independent expenditure committee may accept | ||||||
21 | contributions in any amount from any source, provided that the | ||||||
22 | committee files the document required by Section 9-3 of this | ||||||
23 | Article and files the disclosure reports required by the | ||||||
24 | provisions of this Article. | ||||||
25 | (e-10) A limited activity committee shall not accept | ||||||
26 | contributions, except that the officer or a candidate the |
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1 | committee has designated to support may contribute personal | ||||||
2 | funds in order to pay for maintenance expenses. A limited | ||||||
3 | activity committee may only make expenditures that are: (i) | ||||||
4 | necessary for maintenance of the committee; (ii) for rent or | ||||||
5 | lease payments until the end of the lease in effect at the time | ||||||
6 | the officer or candidate is confirmed by the Senate; (iii) | ||||||
7 | contributions to 501(c)(3) charities; or (iv) returning | ||||||
8 | contributions to original contributors. | ||||||
9 | (f) Nothing in this Section shall prohibit a political | ||||||
10 | committee from dividing the proceeds of joint fundraising | ||||||
11 | efforts; provided that no political committee may receive more | ||||||
12 | than the limit from any one contributor, and provided that an | ||||||
13 | independent expenditure committee may not conduct joint | ||||||
14 | fundraising efforts with a candidate political committee or a | ||||||
15 | political party committee. | ||||||
16 | (g) (Blank). On January 1 of each odd-numbered year, the | ||||||
17 | State Board of Elections shall adjust the amounts of the | ||||||
18 | contribution limitations established in this Section for | ||||||
19 | inflation as determined by the Consumer Price Index for All | ||||||
20 | Urban Consumers as issued by the United States Department of | ||||||
21 | Labor and rounded to the nearest $100. The State Board shall | ||||||
22 | publish this information on its official website. | ||||||
23 | (h) Self-funding candidates. If a public official, a | ||||||
24 | candidate, or the public official's or candidate's immediate | ||||||
25 | family contributes or loans to the public official's or | ||||||
26 | candidate's political committee or to other political |
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1 | committees that transfer funds to the public official's or | ||||||
2 | candidate's political committee or makes independent | ||||||
3 | expenditures for the benefit of the public official's or | ||||||
4 | candidate's campaign during the 12 months prior to an election | ||||||
5 | in an aggregate amount of more than (i) $250,000 for statewide | ||||||
6 | office or (ii) $100,000 for all other elective offices, then | ||||||
7 | the public official or candidate shall file with the State | ||||||
8 | Board of Elections, within one day, a Notification of | ||||||
9 | Self-funding that shall detail each contribution or loan made | ||||||
10 | by the public official, the candidate, or the public | ||||||
11 | official's or candidate's immediate family. Within 2 business | ||||||
12 | days after the filing of a Notification of Self-funding, the | ||||||
13 | notification shall be posted on the Board's website and the | ||||||
14 | Board shall give official notice of the filing to each | ||||||
15 | candidate for the same office as the public official or | ||||||
16 | candidate making the filing, including the public official or | ||||||
17 | candidate filing the Notification of Self-funding. Notice | ||||||
18 | shall be sent via first class mail to the candidate and the | ||||||
19 | treasurer of the candidate's committee. Notice shall also be | ||||||
20 | sent by e-mail to the candidate and the treasurer of the | ||||||
21 | candidate's committee if the candidate and the treasurer, as | ||||||
22 | applicable, have provided the Board with an e-mail address. | ||||||
23 | Upon posting of the notice on the Board's website, all | ||||||
24 | candidates for that office, including the public official or | ||||||
25 | candidate who filed a Notification of Self-funding, shall be | ||||||
26 | permitted to accept contributions in excess of any |
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1 | contribution limits imposed by subsection (b). If a public | ||||||
2 | official or candidate filed a Notification of Self-funding | ||||||
3 | during an election cycle that includes a general primary | ||||||
4 | election or consolidated primary election and that public | ||||||
5 | official or candidate is nominated, all candidates for that | ||||||
6 | office, including the nominee who filed the notification of | ||||||
7 | self-funding, shall be permitted to accept contributions in | ||||||
8 | excess of any contribution limit imposed by subsection (b) for | ||||||
9 | the subsequent election cycle. For the purposes of this | ||||||
10 | subsection, "immediate family" means the spouse, parent, or | ||||||
11 | child of a public official or candidate. | ||||||
12 | (h-5) If a natural person or independent expenditure | ||||||
13 | committee makes independent expenditures in support of or in | ||||||
14 | opposition to the campaign of a particular public official or | ||||||
15 | candidate in an aggregate amount of more than (i) $250,000 for | ||||||
16 | statewide office or (ii) $100,000 for all other elective | ||||||
17 | offices in an election cycle, as reported in a written | ||||||
18 | disclosure filed under subsection (a) of Section 9-8.6 or | ||||||
19 | subsection (e-5) of Section 9-10, then the State Board of | ||||||
20 | Elections shall, within 2 business days after the filing of | ||||||
21 | the disclosure, post the disclosure on the Board's website and | ||||||
22 | give official notice of the disclosure to each candidate for | ||||||
23 | the same office as the public official or candidate for whose | ||||||
24 | benefit or detriment the natural person or independent | ||||||
25 | expenditure committee made independent expenditures. Upon | ||||||
26 | posting of the notice on the Board's website, all candidates |
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1 | for that office in that election, including the public | ||||||
2 | official or candidate for whose benefit or detriment the | ||||||
3 | natural person or independent expenditure committee made | ||||||
4 | independent expenditures, shall be permitted to accept | ||||||
5 | contributions in excess of any contribution limits imposed by | ||||||
6 | subsection (b). | ||||||
7 | (h-10) If the State Board of Elections receives | ||||||
8 | notification or determines that a natural person or persons, | ||||||
9 | an independent expenditure committee or committees, or | ||||||
10 | combination thereof has made independent expenditures in | ||||||
11 | support of or in opposition to the campaign of a particular | ||||||
12 | public official or candidate in an aggregate amount of more | ||||||
13 | than (i) $250,000 for statewide office or (ii) $100,000 for | ||||||
14 | all other elective offices in an election cycle, then the | ||||||
15 | Board shall, within 2 business days after discovering the | ||||||
16 | independent expenditures that, in the aggregate, exceed the | ||||||
17 | threshold set forth in (i) and (ii) of this subsection, post | ||||||
18 | notice of this fact on the Board's website and give official | ||||||
19 | notice to each candidate for the same office as the public | ||||||
20 | official or candidate for whose benefit or detriment the | ||||||
21 | independent expenditures were made. Notice shall be sent via | ||||||
22 | first class mail to the candidate and the treasurer of the | ||||||
23 | candidate's committee. Notice shall also be sent by e-mail to | ||||||
24 | the candidate and the treasurer of the candidate's committee | ||||||
25 | if the candidate and the treasurer, as applicable, have | ||||||
26 | provided the Board with an e-mail address. Upon posting of the |
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1 | notice on the Board's website, all candidates of that office | ||||||
2 | in that election, including the public official or candidate | ||||||
3 | for whose benefit or detriment the independent expenditures | ||||||
4 | were made, may accept contributions in excess of any | ||||||
5 | contribution limits imposed by subsection (b). | ||||||
6 | (i) For the purposes of this Section, a corporation, labor | ||||||
7 | organization, association, or a political action committee | ||||||
8 | established by a corporation, labor organization, or | ||||||
9 | association may act as a conduit in facilitating the delivery | ||||||
10 | to a political action committee of contributions made through | ||||||
11 | dues, levies, or similar assessments and the political action | ||||||
12 | committee may report the contributions in the aggregate, | ||||||
13 | provided that: (i) contributions made through dues, levies, or | ||||||
14 | similar assessments paid by any natural person, corporation, | ||||||
15 | labor organization, or association in a calendar year may not | ||||||
16 | exceed the limits set forth in this Section; (ii) the | ||||||
17 | corporation, labor organization, association, or a political | ||||||
18 | action committee established by a corporation, labor | ||||||
19 | organization, or association facilitating the delivery of | ||||||
20 | contributions maintains a list of natural persons, | ||||||
21 | corporations, labor organizations, and associations that paid | ||||||
22 | the dues, levies, or similar assessments from which the | ||||||
23 | contributions comprising the aggregate amount derive; and | ||||||
24 | (iii) contributions made through dues, levies, or similar | ||||||
25 | assessments paid by any natural person, corporation, labor | ||||||
26 | organization, or association that exceed $1,000 in a quarterly |
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1 | reporting period shall be itemized on the committee's | ||||||
2 | quarterly report and may not be reported in the aggregate. A | ||||||
3 | political action committee facilitating the delivery of | ||||||
4 | contributions or receiving contributions shall disclose the | ||||||
5 | amount of contributions made through dues delivered or | ||||||
6 | received and the name of the corporation, labor organization, | ||||||
7 | association, or political action committee delivering the | ||||||
8 | contributions, if applicable. On January 1 of each | ||||||
9 | odd-numbered year, the State Board of Elections shall adjust | ||||||
10 | the amounts of the contribution limitations established in | ||||||
11 | this subsection for inflation as determined by the Consumer | ||||||
12 | Price Index for All Urban Consumers as issued by the United | ||||||
13 | States Department of Labor and rounded to the nearest $100. | ||||||
14 | The State Board shall publish this information on its official | ||||||
15 | website. | ||||||
16 | (j) A political committee that receives a contribution or | ||||||
17 | transfer in violation of this Section shall dispose of the | ||||||
18 | contribution or transfer by returning the contribution or | ||||||
19 | transfer, or an amount equal to the contribution or transfer, | ||||||
20 | to the contributor or transferor or donating the contribution | ||||||
21 | or transfer, or an amount equal to the contribution or | ||||||
22 | transfer, to a charity. A contribution or transfer received in | ||||||
23 | violation of this Section that is not disposed of as provided | ||||||
24 | in this subsection within 30 days after the Board sends | ||||||
25 | notification to the political committee of the excess | ||||||
26 | contribution by certified mail shall escheat to the General |
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1 | Revenue Fund and the political committee shall be deemed in | ||||||
2 | violation of this Section and subject to a civil penalty not to | ||||||
3 | exceed 150% of the total amount of the contribution. | ||||||
4 | (k) For the purposes of this Section, "statewide office" | ||||||
5 | means the Governor, Lieutenant Governor, Attorney General, | ||||||
6 | Secretary of State, Comptroller, and Treasurer. | ||||||
7 | (l) This Section is repealed if and when the United States | ||||||
8 | Supreme Court invalidates contribution limits on committees | ||||||
9 | formed to assist candidates, political parties, corporations, | ||||||
10 | associations, or labor organizations established by or | ||||||
11 | pursuant to federal law. | ||||||
12 | (Source: P.A. 102-664, eff. 1-1-22; 102-668, eff. 11-15-21; | ||||||
13 | 102-909, eff. 5-27-22; 103-600, eff. 7-1-24.) |